25 Haziran 2012 Pazartesi

How to make my article a blocked account in Texas

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Seize the institutions of the Texas Department of licensing and regulations (TDLR) controls. If your vehicle has been without your consent, TDLR has seized also to leave your items when you can leave your vehicle. Remove but not as automotive parts, tyres or stereo. Escrow anywhere to keep the vehicles without consent must follow TDLR rules.Difficulty in the State of facilities: moderately EasyInstructionsThings need: to the State or federal photo IDVehicle property document1Contact your organization act to find that your vehicle manages vehicle storage facilities. Seized the required police authorities for two hours after receiving the vehicle storage facility. 3Present vehicle. 2Visit a valid state or identity photo Federal your identity, such as a driver's license to prove to notify. In addition, you must show that one of these documents to prove your ownership of the vehicle: a notarized power of Attorney, an order of the Court of Justice, a certificate of title, get a tax collector and renew vehicle registration card proof notary certified loss insurance, positive name and address information in files TXDOT information theft claim title and vehicle registration or a certificate. 4Collect car insurance valid your belongings your vehicle. 5List elements matches, you have taken of the vehicle and vehicle storage facility staff list.

Rights of the employee for personal leave

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Employers are not legally required staff personal on the subject of time. Employees have the right, but depending on their work, working time for illness or caring for a family member or a newborn take off. If an employer offers personal fair and equitable way must be abandoned. Certain professions who leave personal such as education, offer the mandate, could cover a number of days per year as personal. PurposeAn employers offer personal leave time or not.The let personal goals, the time to work, to a personal question handle. Personal leave differs from sick leave or annual leave. If an employee personal leave deserves time by your employer, you are not required to disclose to why taken time, unlike the days of disease which may require evidence of a medical practitioner. Staff personal leave time is not a federal requirement, and is often the it employers who create guidelines.LegalEmployees links are automatically issued personal leave time and those who have received no right to paid annual leave benefits from your employer. Personal leave are generally set policies, between the employee and the employer. Fair (EDF) labour standards law requires personal employees employers leave. However, some staff can take leave on personal grounds under family medical Act (FMLA), .TeachersSome offshore teacher can leave personal, but only, if you work for a number of time.Teachers in some States are for personal holidays into account, if you work for a certain period of time. For example, a teacher at the Arbeitsplatzll must Alabama, in less than 20 hours per week in the averaget exit eligible for personal. Teachers in Alabama and Texas can receive up to five personal holidays a year, two must be paid and are not required to explain why you support staff leave.FMLAEmployeespeut personal leave for caring for a kind of personal leave newborn.One of the FMLA is covered, so that an employee described this benefit take personal time off to care for a sick family member. Family medical leave Act, which covers personal leave a child or a child who had been adopted only worry. Employers have the right to request the medical evidence that the family member has in fact your employer assistance.FairnessAn must leave a personal employees hence the Act workplace.United and says provides, if the employer committed to personal grant to leave time to its employees, it must all employees be based equally and fairly. Employees make such as teachers, make personal "use or lose" often leave based. In short, if your employer personal days off the coast of year offers a fixed amount, derail if you wasted not next year.

What is a blue mandate in Texas?

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All prisoners remain in Texas, which requires judicial supervision laid off after their minimum penalties. The State which must for release on parole, a prisoner agree to certain conditions, the Court such as e.g. employment, comply with community services and meeting with his parole officer. If a conditional is seen in Texas, commit an offence under the Parole Act a blue mandate issues that invokes a traditionally locked in a blue jacket for the arrest of the offender. Function blue warrants are Texas, when getting a fresh probation officer of published conditional technical violation issued his parole. Those warrants may be issued, of an offence carrying out a firearm or not simply point to have committed for scheduled meetings with the probation officer. A conditional is arrested under a warrant can be kept blue also in prison until a judge will decide his fate. These conditions can also be used, for greater difficulty in imposing a conditional led of a few days ' imprisonment therapy "cooling his heels to stop and check its choices.FeaturesParolees under blue are entitled, a dismissal arrest arrested hearing but not suitable for the release on bail. Not always possible for lawyers password get restored to your customers limited legal representation rights depending on the reason for the issue of the blue mandate but it is released. You may call witnesses in his own name and interrogated witnesses take witnesses against you to the cancellation of the release hearing.SignificanceBlue conditional arrest warrant hearings have three potent ErgebnisseZahlung: password, place of residence in a house in transition, intermediate variations to the terms of the bedingten conditions release or release on parole revocation. If parole is revoked, the published conditional jail is, to serve the maximum sentence. Parole revoked, for occupants who never released on parole, witnesses and judges should because they threaten risk of theft or,. Êtrerévoquée for criminals, can have, while freedom conditional committed or as a "threat to society", based on evidence of misconduct by parole.EffectsBlue arrest there an other crimes 43% between July 2005 and January 2007 increases according to information project of the Texas counties county. Sheriffs and prison administrators have to use the blue mandates for prison "Therapy," not release parole revocation criticized. Responsible for law enforcement reason which took arrests for these prisoners place bed in prisons with the help of his Majesty's blue who might better be to hardened criminals to serve. Laws fail the Texas agents would have allowed discretion, if the arrest parole violent or nonviolent violators.Prevention SolutionThe Texas Sheriff Association approved a Bill to reduce overcrowding allow judges issued bonds or search deposit for mandate conditional blue. In 2007, such as in the house research organization focus report, véto gov. Perry of this law to say it listed top 10 fugitives State eligible his on bail pending parole hearings would share. The 82nd session of the Texas State legislature coNvoque is January 2011 to some of these issues to review.

Texas law on affidavit of settled

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A blinded affidavit is an affidavit containing information about all persons legally entitled to a share of the property have trusted that a deceased person. If it to Texas is accepted judicial procedures for the registration of a sequence or address problems of immovable property serves as proof prima facie case or face value, the Court finds evidence means that information is considered valid, unless it is null or ascending data and information. FunctionUnder Texas laws of inheritance, blinded affidavit is a statement of facts about family history, line and other topics relevant to family history of a deceased person or the person who died. This document can be used in property procedures to determine a legal heirs of the deceased is. The heirs are entitled to recognition in judicial procedures for the authorisation and receive the property of the deceased estate.Eligibility and LiabilityIn an affidavit for blinded will be signed approval in Texas, accepted by a court it by two persons, who have no interest in real estate. This means that neither candidate (the swearing of the information contained in the document people) nothing can earn either financially or otherwise succession is affidavit. These affidavits are instruments under oath in court, and face so that the two signatories for liable to sanctions if knowingly false information is given.Required SectionsThe Texas statutes contain a general form for the Declaration of blinded require however not be used, exactly as it appears in the code of Texas. The affidavit sindenthalten most of the information in the Generaln form is referenced. His full name, place of residence, the name of the deceased, the duration of the affidavit was aware that knowledge of the history of the deceased had the deceased person and an affidavit and the sworn statement specify an affidavit. Marital history on Défuntt mus be included, as well as the names of all children of the deceased had including adopted children.Additional FactsIf the deceased has no surviving spouse or children, the mother and the father of the deceased person is included in the price. This information is necessary, even if both parents of the deceased died. If both parents of the deceased no longer life, all the information that was on brothers and sisters or other members of the family of the deceased the affidavit should include in particular the children of brothers and sisters who died before the deceased. No other facts relevant affidavit regarding possible without heirs to the estate aware is RulesAn not affecting blinded are stated in the affidavit of document.General, inherit one interest or mentioned creditors in the document. If there are errors in the document, any person with an interest in the property file can have errors corrected or treated, as long as vouchers as evidence provided. In cases where unknown inherit a blinded sworn statement CITES, the Court may appoint a lawyer as guardian ad Litém. The guardian will investigate the matter further and to protect of the interests of the unknown heirs until the problem solved.

Act Texas limitation of liability

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A relatively new form of company, LLC, or limited liability company has become a popular way for the formation of the company in the United States. As a hybrid between a partnership or a sole proprietorship can a company entrepreneurs benefit from the best of both worlds: liability limited to direct taxation. Almost all countries have a law so that the formation of societies with limited liability and limitation of liability adopted partnerships including Texas. Limited LiabilityThe term "limited liability" applied to corporations, means personal property of entrepreneurs are protected against the liabilities of the company running. These liabilities include liabilities and other claims against the company, such as court proceedings. In a sole proprietor business personal property of the owner of the company are protected from liability. The owner of the company is primarily for companies. However, business owners apply a limited as separate entities for the purposes of liability. Pass through TaxationThe other great benefits form a limited liability company is the direct taxation. Are taxed in a society gains first enterprise-level, and profits are for business owners or shareholders, either salary paid or taxable dividends, funds on a personal level. Limited liability company owners are treated as sole proprietors or partners for purposes of taxation. I.e. corporate earnings are taxed only on the personal level sales owners.Limited business responsibility TexasChapter 101 code organizations companies Texas business e training regeltt operation of the society with limited liability. But unlike the others, Texas was a step further and bePartnerships created schränkter liability. Article of 152.802 and 153.351 Texas business organizations code on the formation and operation of limited liability partnerships. The differences are not significant and reflected in large part to the page of businesses.Forming management a Texas LLC or LLPForming Texas limited liability company or limited liability company is quite simple. Form a limited company, the company submit form 701, which can be downloaded from the Texas Secretary of State Web site. 205 Form must be used to form a limited liability company, and it can be retrieved from the Texas Secretary of State Web site. Simply fill out the form and include the Secretary of the State.DisclaimerThough documented through required registration fee and the LLC or LLP forms of treatment is simple, there are many factors to take into account, to select a format from the company. Individuals who want to create a company consult legal counsel in your jurisdiction before the filing date entitled to form a company. This article is for educational purposes only and should not be construed as legal advice.

24 Haziran 2012 Pazar

Covering 100% of Health Insurance is NOT a Good Idea

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As an employer, you want the best for your employees. While in theory it seems great for your employees to provide them with 100% coverage, in reality it has some downfalls; both for you as an employer and for your employee. Here’s why:


 1) Double coverage
  • Under California law, every employee is required to be covered under an employer’s group health insurance plan, if and only if, the employer covers 100% of the plan. This often means that people are double covered, because many employees are covered under their spouse’s policy and may not need the coverage from their own employer. Having employees contribute as little as $10 a month towards their health benefits is enough to eliminate this problem.  
2) The “other people’s money” syndrome
  • Providing a 100% coverage creates what is often referred to as ”the other people’s money syndrome”; if something is offered for free, you will accept it, needed or not.

 3) Engagement theory
  • Allowing employees to pick their own health plan leaves them feeling engaged, respected, and trusted. Even if they are responsible for a small contribution, they will most likely feel more inclined to put some effort into choosing the best value and quality plan.
Increase benefits without increasing costs: Supplemental benefits, such as dental insurance and short- and long-term disability insurance, don’t have to cost you more as an employer. If employees are willing to pay for a small portion of additional benefits, and you are able to save $700-$1,000 a year per employee by using proper plan selections methods, the savings can go towards supplemental benefits.

 Source: SuperAgent.

 SuperAgent is an endorsed CEA partner. With SuperAgent you can use web-based technology to compare, rank and evaluate your current health insurance carrier and plan against all others in California. Visit http://www.superagent.com/ today or call 888-912-7587 x303 for a fast and free demonstration and quick evaluation of your current plan.

 

Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations.

For more information please contact:
Scott J. Dear, Director of Membership Services
Toll free 1-800-399-5331 or 916-921-1312
Mobile 916-281-5898
Email: sdear@employers.org
Website: www.employers.org
Twitter: Caemployers

Action Hotline - California Employers Association (CEA)

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Action Hotline - California Employers Association (CEA) Established in 1937, CEA is a non-profit association providing personalized and cost effective comprehensive information, services, and training for all aspects of human resources management,California Labor Law and relations solutions throughout California. Located throughout the state, CEA’s staff of regional directors draw upon more than 150 years combined knowledge and experience to assist in all aspects of employer-employee relations. For more information please contact: Scott J. Dear, Director of Membership Services Toll free 1-800-399-5331 or 916-921-1312 Mobile 916-281-5898 Email: sdear@employers.org Website: www.employers.org Twitter: Caemployers

Todays Hot Job Postings

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Account Manager Staples Los Angeles, CA
Responsible for managing and sourcing new Staples Copy & Print Shop and Best Copy customers targeting mid to large-size businesses in the area and developing relationships that... more
Truck Driver - Class A CDL Gordon Trucking Pomona, CA Since 1946, Gordon Trucking has earned its reputation the right way. We drove and worked hard. We added routes that customers wanted. We took care of our drivers first, not after... more
Educational Sales Rep School Innovations & Advocacy Rancho Cordova, CA needs by researching district, county, state and nationwide trends in education. ... board presentations to key decision-making personnel on SI & A products and services... more
PERSONNEL SPECIALIST CA State Personnel Board Sacramento, CA Analyst as well as formal training from the State Controllers Office. The classification ... Elect, Non Industrial Disability and State Disability Leave. Applications will be... more
Speech Therapist Aegis Therapies Fresno, CA Performs evaluations, develops and implements effective patient treatment plans to restore, compensate or adapt for loss of patient function, by planning and administering... more
District Account Executive UPS Fresno, CA UPS Global Freight Forwarding is seeking an Account Executive to impact the organization by developing new business and maintaining existing business. The Account Executive... more
Maintenance Manager Archstone La Jolla, CA Skilled in apartment maintenance, but looking for something more? Ready for an upwardly mobile position, but still want hands-on responsibilities? If youre tired of unsteady work... more




Lead Pharmacy Tech Sharp Healthcare San Diego, CA

 Lead Pharmacy Tech ID# 45109 Entity Sharp Grossmont Hospital City La Mesa Department Pharmacy Category Pharmacy Type Full Time Shift Varied Location This position is located in La... more

UIC's Job Analysis: Campus-wide Project

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By Russ Dickow, HR Business Partner

We have now entered the third year of conducting UIC’s campus-wide Job Analysis Project. This project, originally created to comply with requirements of the State Universities Civil Service System (SUCSS), has become more complex and time consuming than was originally anticipated. However, in the past two years 11 campus units have gone through the job analysis process, accounting for 1100 academic professional positions receiving job descriptions. This is already one third of the positions that were identified to be analyzed throughout the project.

Reasoning for the Job Analysis Project
Initially the need to conduct a campus-wide job analysis of Academic Professional positions resulted from audits by SUCSS. It was determined in these audits that many jobs were inappropriately classified as Academic Professional because there were similar classifications within the Civil Service Class Plan. The Job Analysis Project will appropriately classify jobs as Academic Professional or Civil Service, and create a job description for each position in a standardized, campus-wide format.


Through the ongoing project other practicable, long term benefits have been determined. These include creating the foundation for establishing compensation programs, career development, and promotional and training opportunities for Academic Professional employees. An online job library containing job descriptions for use across the campus is also being planned.

Conversions
A critical outcome of the Job Analysis program is the necessity to correct the inappropriate exemption of jobs covered by SUCSS. This does not mean that all employees currently classified as Academic Professional will now be converted to a Civil Service classification. Any Academic Professional employee who is determined to be converted to Civil Service will be given substantial information about the conversion process and plenty of opportunity to ask questions before the actual conversion to Civil Service is completed.


An Ongoing Process
The Job Analysis Project will be continuing as an ongoing process until all campus units are completed. Each unit will be given sufficient notice and a Project Plan outlining the job analysis process when they are scheduled to participant in the program. A process has also been established to help a unit that has a need to fill an open position before it is scheduled for a complete job analysis. An interviewer has been dedicated to conduct a job analysis for these open positions, determine if the position is Academic Professional or Civil Service, and create a job description that the unit can use to fill the position. Finally, all efforts are being made, through a Consistency Check Team, to assure that all positions will be consistently classified, Academic Professional or Civil Service, whether within a unit or campus wide.

If there are questions about the job analysis and job description process contact Joe Fowler, Assistant Director Compensation/Job Analysis, fowlerj@uic.edu or visit the UICHR website where you will find more detailed information (e.g. FAQ’s).







It's Never Too Soon: The Retirement Planning Conference

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Marilyn Sommer, Special Programs

Spring is the time when flowers blossom, when we cast off our winter garb and welcome bright colors and light clothing and when we are reminded of our promises to stay fit and healthy. It is also a time to think about future goals. If one of those is retirement, then hopefully you attended the Retirement Planning Conference which was held on Saturday, April 14, 2012 at Student Center East.

The Retirement Planning Conference is intended to assist UIC faculty, staff, and families in planning for retirement by providing information and access to resources. Retirement planning can never start too soon. Whether you are planning on retiring in three years or thirty years the seminars offer information that assists you in preparing for your retirement. The 400 people in attendance this year were welcomed by Maureen Parks, Executive Director and Associate Vice President, University Human Resources. Next, a presentation on the State of Illinois Retiree Health Plan with insight into the Retirement Steps and Timeline was addressed by Tim Gavin from University Payroll and Benefits Services.

State Universities Retirement System of Illinois (SURS) counselors conducted workshops and seminars covering a wide range of topics for planning and managing your retirement benefits. Representatives of Fidelity and TIA-CREFF provided insight into investment strategies and income distribution at retirement. State Universities Annuitants Association UIC UNITED, UIC Chapter of SUAA representatives were available to discuss protecting your retirement benefits, while other presenters discussed benefit impact on social security and challenges of pension reform.

Of greatest value reported by attendees were the Retirement Planning Expo Fair breakout sessions and the wealth of printed information distributed on arrival.

For more information access the following links:
Retirement Planning Conference http://www.uic.edu/depts/hr/Special_Programs/retirement_conf.shtml
Websites of Interest for Illinois Retirees and the Retiree Guide:
Websites of Interest for Illinois Retirees
The Retiree Guide
For information on protecting your retirement benefits and membership contact SUAA http://www.uic.edu/orgs/suaa/

23 Haziran 2012 Cumartesi

What's the Real Cost?

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With the increase in Federal agency initiatives targeting employers, such as I-9 audits or independent contractor classification audits, employers face increased scrutiny. In addition, disgruntled current or former employees are free to lodge complaints with State and Federal agencies that may spark an investigation. In either case, an employer faces potential liability, as very few employers are capable of keeping up with the myriad of employment laws. In reality, most employers try to remain compliant with employment laws, but if the government looks hard enough, it is likely to find a violation or two.
What’s the cost of a claim? It might be fines for incomplete I-9s, unpaid taxes for misclassification of workers, overtime for unpaid wages or a need to change employment practices. But, the biggest cost is usually legal fees. It is a best practice to hire counsel when an employer faces a government investigation, employee claim or audit. Contacting counsel before reacting/responding to a claim is prudent, but it does create an expense. Moreover, a disgruntled employee is likely to have an attorney herself. When an employee has an attorney, that attorney will likely make a demand for some kind of monetary compensation for whatever wrong the employee alleges. The demand ordinarily includes the payment of that employee’s attorney’s fees.
Most Federal discrimination laws allow for the recovery of attorney’s fees to the “prevailing party”. In a case that goes to litigation, this can mean that the employee’s attorney will ask the court to award “reasonable attorney’s fees”. Typically, the employee’s will ask that the court award attorney’s fees in excess of $100,000. Even in cases that settle, employees expect their attorney’s fees to be paid by the employer, which again can add up to significant amounts of money even in a case that is considered suspect.
In a recent Federal employment discrimination case, a jury awarded an employee $110,000 in damages for the employer’s retaliation for her protesting unlawful employment practices. The employee asked the court for an award of attorney’s fees. Although the employee also brought two other unsuccessful claims (one for gender discrimination and one under the FMLA) that the jury rejected, the judge in that case awarded the employee $250,000 in attorney’s fees and expenses. Think about it: her attorney’s fees award more than doubled the amount of actual damages that the jury awarded to her. The judge reasoned that the winning claim (retaliation) was “intertwined” with her other discrimination claims such that she was entitled to all of her attorney’s fees.
What is the lesson learned from this illustrative case? Be proactive as an employer. Conduct regular training for both employees and management, including on topics such as harassment. In addition, conduct a self-audit of internal recordkeeping, policies and procedures, etc. If you find violations on your own, it’s cheaper and easier to correct with the assistance of counsel than when your company is facing a claim or audit. Finally, while not all claims are avoidable despite best efforts, if the company has taken proactive steps such as those mentioned above, it can mitigate its exposure and can reduce the number of claims. After all, paying someone else’s attorney’s fees doesn’t exactly help the bottom line.

OFCCP Observes Equal Pay Day

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The Department of Labor's Office of Federal Contract Compliance Programs (OFCCP) observed Equal Pay Day, the day that marks the point where women have to work to earn as much as a man earns in the previous year. In observance of the day, OFCCP published on its website a list of tools to help to promote equity in compensation:For more on National Equal Pay Day, including tools, resources and recently announced Apps, see below:Read the Secretary's statement on National Equal Pay DayRead the Secretary's Blog PostA Guide to Women's Equal Pay Rights (PDF)An Employer's Guide to Equal Pay (PDF)Equal Pay Enforcement Fact Sheet (PDF)Learn more about the Equal Pay App Challenge winnersPresidential Proclamation on Equal Pay Day (PDF)Highlights of Women's Earnings by RegionLearn more about the Lilly Ledbetter Fair Pay Act, the very first bill President Obama signed into lawRead the White House Equal Pay Task Force Accomplishments Report: Fighting for Fair Pay in the Workplace (PDF)To view these tools, click here: http://www.dol.gov/equalpay/

EEOC Makes State Charge Data Available Online

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U.S. Equal Employment Opportunity CommissionPRESS RELEASE 5-14-12Tables Present Employment Discrimination Statistics in User-Friendly FormatWASHINGTON — The U.S. Equal Employment Opportunity Commission (EEOC) today announces the availability of private sector workplace discrimination charge statistics for each of the nation’s 50 states and U.S. Territories for fiscal years 2009-2011. These data provide a look at EEOC charge receipts, broken down by the basis of discrimination, as well as the percent of total state and national charges. The state data tables are available online at http://www1.eeoc.gov/eeoc/statistics/enforcement/charges_by_state.cfm.The EEOC will update the state data when new charge statistics are available each fiscal year. The EEOC enforces federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov. http://www.eeoc.gov/eeoc/newsroom/release/5-14-12.cfm

EEOC rules transgender status protected from discrimination under Title VII

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LexologyBaker Donelson Bearman Caldwell & Berkowitz PC USA May 16 2012 The U.S. Equal Employment Opportunity Commission (EEOC) recently determined that discrimination based on gender identity, change of sex or transgender status constitutes sex discrimination under Title VII of the Civil Rights Act of 1964. In a case brought on behalf of Mia Macy, a former police detective who claimed that she was denied a job at the Bureau of Alcohol, Tobacco, Firearms and Explosives when she announced that she would be transitioning her gender from male to female. Macy alleged that she applied for the job as a man and was told that she would get the job pending a background check, but was informed the position had been cut shortly after informing the Bureau that she would be undergoing a sex change operation. Macy alleged that she later learned that the position had not been cut and that someone else was hired for the job instead.Full Story: http://www.lexology.com/library/detail.aspx?g=1f587748-37c4-4f82-8988-f80572d2b4a6&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-05-22&utm_term=

The Dream, the Reality: Civil Rights in the '60s and Today

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Workforce ManagementBy Susan G. HauserMay 7, 2012Just before noon on Aug. 28, 1963, a quarter of a million people began slowly moving toward the Lincoln Memorial. Eventually, they would completely surround the Lincoln Memorial Reflecting Pool all the way to the shade trees that surround it. They were mostly African-American, but they represented all creeds and colors of U.S. citizens. The March on Washington for Jobs and Freedom was the largest demonstration ever staged in the nation's capital.The last speaker of the day was a preacher from Atlanta. His words soared out above the peaceful crowd. Standing below the statue of Abraham Lincoln, the Rev. Martin Luther King Jr. laid emphasis on freedom, the freedom he dreamed would someday "ring from every village and every hamlet, from every state and every city."Full Story: http://www.workforce.com/article/20120507/WORKFORCE90/120419999/1066/newsletter01#

21 Haziran 2012 Perşembe

Advance Components Settles EEOC Age Discrimination Lawsuit

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U.S. Equal Employment Opportunity CommissionPRESS RELEASE 5-18-12Fastener Distribution Company Pays $201,000 to Top Salesman Who Was Fired in Favor of Younger Hires, Agency ChargedDALLAS - A Carrollton, Texas-based distributor of specialty fasteners with sales territories that span the country will pay $200,000 and furnish other relief to settle an age discrimination lawsuit brought by the U.S. Equal Employment Opportunity Commission (EEOC), the agency announced today.According to the EEOC's lawsuit, Advance Components' executive vice president and general manager, Gary Craven, made ageist comments to Dan Miller, a 64-year-old national sales manager, and finally fired him because of his age. Miller had almost 20 years experience selling the company's products and had been hired by Advance Components' founder. According to the EEOC, Craven called Miller "old-fashioned" and repeatedly expressed his preference to hire younger salesmen with his motto: "30-30-30. Hire a 30-year-old with an IQ of 30 and pay him $30,000." Craven also allegedly made comments about outside sales being a young man's game because they were more "driven" and that he wanted to "put young guys on the street."Miller was fired on Oct. 6, 2009. His position was filled the following day by a man in his 30s.Discriminating against an employee because of his age violates the Age Discrimination in Employment Act (ADEA). The EEOC filed suit (Civil Action No. 3-11-cv-2081-B in U.S. District Court for the Northern District of Texas, Dallas Division) after first attempting to reach a pre-litigation settlement through its conciliation process. In the consent decree settling the suit, signed by Judge Jane J. Boyle on May 18, 2012, Advance Components agreed to pay $201,000 to Dan Miller. The company will also train management (including the owners) and supervisory personnel on equal employment opportunity (EEO) policies and procedures, including those on age discrimination. The company will be required to enforce a written policy against age discrimination and retaliation."Older workers have the right to be evaluated based on their abilities and not based on their age," said EEOC Senior Trial Attorney William C. Backhaus. "Every employer, large and small, needs to recognize the importance of avoiding stereotypes, including those about age and older workers. Advance Components wrongly assumed that Mr. Miller's age, 64, interfered with his ability to connect with customers. It didn't - we learned that he was their top producer and that customers loved him."Mr. Miller was represented by attorney Rogge Dunn. Dunn said "Employer's replacement of senior employees with younger employees who are less qualified often leads to an employer being legally liable for substantial damages." "Employers should do their homework before hiring replacements because these types of actions catch the attention of attorneys and the EEOC."EEOC Regional Attorney Robert A. Canino added, "Success in sales is not something we would expect to be adversely affected by a greater degree of experience. Broad-brush assumptions that a 30-something is going to be more effective with marketing skills than a 60-something are arbitrary and misplaced suppositions that can lead to a violation of the law. If this '30-30-30' theory was at play in the decision to discharge Mr. Miller, we hope the message here is that a rule of thumb like that just doesn't add up to a good business practice."“I’m always pleased when the Dallas District can partner with local counsel and achieve an outstanding result,” said Acting District Director Janet Elizondo. “The Commission continues to be an active part of enforcement and litigation here in the Northern District of Texas.”The EEOC is responsible for enforcing federal laws prohibiting employment discrimination. Further information about the EEOC is available on its web site at www.eeoc.gov.http://www.eeoc.gov/eeoc/newsroom/release/5-18-12.cfm

Court gives EEOC broad latitude in bringing bias suits

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Chcago TribuneBy Kristin Samuelson Tribune reporter 12:07 p.m. CDT, May 16, 2012The Equal Employment Opportunity Commission has been authorized to act on behalf of discrimination victims even if the victims had not been individually identified before a lawsuit was filed, the agency announced Wednesday.The order by Judge Ruben Castillo of U.S. District Court for the Northern District of Illinois denies an employer's motion for summary judgment in EEOC vs. United Road Towing. United Road Towing contended that the EEOC did not satisfy administrative requirements of the Americans with Disabilities Act.Full Story: http://www.chicagotribune.com/business/breaking/chi-court-gives-eeoc-broad-latitude-in-bringing-bias-suits-20120516,0,2100689.story

OFCCP Sends Out Large Round of Corporate Scheduling Announcement Letters with a New Twist

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San Ramon, CA (PRWEB) May 15, 2012 Two different types of advance notification letters sent to 2000 employers slated for auditSan Ramon, CA (PRWEB) May 15, 2012 eQuest Compliance Update - The Office of Federal Contract Compliance Programs has sent out a new round of Corporate Scheduling Announcement Letters ("CSALs") to 2,000 employers identifying establishments slated for compliance review during OFCCP's current fiscal year, ending September 30, 2012. The CSALs provide employers advance notice of the locations slated for OFCCP audit. The CSAL does not initiate an audit. It identifies the location or locations that likely will undergo audit. Only after the employer receives a "scheduling letter" initiating an audit must it respond within 30 days by submitting its affirmative action plan to OFCCP.Read more: http://www.sfgate.com/cgi-bin/article.cgi?f=/g/a/2012/05/15/prweb9506514.DTL#ixzz1vXAhkClv

OFCCP May Request Data That Post-Dates Scheduling Letter, Appeal Board Rules

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Costangy, Brooks and Smith LLP5/16/2012The Office of Federal Contract Compliance Programs has regulatory authority to request data beyond the date of a scheduling letter where the request is motivated by a "deficiency," such as discriminatory adverse impact, discovered during a compliance review. The ruling, in OFCCP v Frito-Lay, Inc., was made last week by the federal Administrative Review Board, which hears appeals in administrative cases involving the U.S. Department of Labor. ARB decisions can be appealed to the federal courts. Full Story: http://www.jdsupra.com/post/documentViewer.aspx?fid=909a0f70-e000-4f5e-b9b4-390eadbd5bc2

The Dream, the Reality: Civil Rights in the '60s and Today

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Workforce ManagementBy Susan G. HauserMay 7, 2012Just before noon on Aug. 28, 1963, a quarter of a million people began slowly moving toward the Lincoln Memorial. Eventually, they would completely surround the Lincoln Memorial Reflecting Pool all the way to the shade trees that surround it. They were mostly African-American, but they represented all creeds and colors of U.S. citizens. The March on Washington for Jobs and Freedom was the largest demonstration ever staged in the nation's capital.The last speaker of the day was a preacher from Atlanta. His words soared out above the peaceful crowd. Standing below the statue of Abraham Lincoln, the Rev. Martin Luther King Jr. laid emphasis on freedom, the freedom he dreamed would someday "ring from every village and every hamlet, from every state and every city."Full Story: http://www.workforce.com/article/20120507/WORKFORCE90/120419999/1066/newsletter01#

20 Haziran 2012 Çarşamba

H-1B Cap Close to Full

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50,000 of the eligible 60,000 H-1Bs have been utilized through the end of October. At this pace, all eligible H-1s will be used before the end of the year. Those employers wishing to file for H-1 for a candidate will need to make any filing soon to be eligible.

See:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=4b7cdd1d5fd37210VgnVCM100000082ca60aRCRD&vgnextchannel=73566811264a3210VgnVCM100000b92ca60aRCRD

Bill Introduced to Fight NLRB Election Proposal

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A bill to shore up the election process in the National Labor Relations Act has been introduced in the House under H.R. 3094. The bill ensures at least 35 days of education prior to the a union election as opposed to the 10 days under the Board proposed rules. The bill has 37 cosponsors.

http://thomas.loc.gov/cgi-bin/bdquery/z?d112:h.r.3094:

http://www.uschamber.com/issues/letters/2011/letter-supporting-hr-3094-%E2%80%9Cworkforce-democracy-and-fairness-act%E2%80%9D

NLRB Sets November 10 to Adopt Quickie Election Rules

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The NLRB is now rushing to adopt its quickie election procedures which would allow only 10 from the date of an election petition for employees to vote on union representation. In addition, the proposals would take away an employers ability to communicate with employees, allow unions greater access to workers, and allow union's to slice workforces into multiple smaller units.

http://www.nlrb.gov/news/nlrb-sets-vote-portions-proposed-election-rule

EEOC Posts Record Charges and Settlements

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The U.S. Equal Employment Opportunity Commission (EEOC) finished fiscal year 2011 with a record number of charges and the highest amount in administrative settlements, the agency reported in its annual Performance and Accountability Report.

The EEOC received a record 99,947 charges of discrimination in fiscal year 2011, which ended Sept. 30, the highest number of charges in the agency’s 46-year history. EEOC staff also delivered historic relief through administrative enforcement—more than $364.6 million in monetary benefits. This is also the highest level obtained in the Commission’s history. The fiscal year ended with 78,136 pending charges—a decrease of 8,202 charges, or ten percent. In previous years, the pending inventory had increased.

At the end of the fiscal year, there were 580 systemic investigations involving more than 2,000 charges under way. EEOC field legal units filed 261 lawsuits—23 of which involved systemic allegations affecting large numbers of people; 61 had multiple victims (less than 20); and 177 were individual lawsuits.

The EEOC’s private sector national mediation program also achieved historic highs, obtaining more than $170 million in monetary benefits for complainants, and securing the highest number of resolutions in the history of the program—9,831. This is five percent more than the number of resolutions reported in fiscal year 2010.

In the federal sector, where the EEOC has different enforcement obligations, the Commission resolved a total of 7,672 requests for hearings, securing more than $58 million in relief for parties who requested hearings. It also resolved 4,510 appeals from final agency determinations.

The EEOC’s FY 2011 report is posted on the agency’s web site at http://www.eeoc.gov/eeoc/plan/index.cfm.

See also:

http://eeoc.gov/eeoc/newsroom/release/11-15-11a.cfm
http://www.shrm.org/hrdisciplines/employeerelations/articles/Pages/ChargesFiledwithEEOCHitRecord.aspx

NLRB Targets Non Union Workers With Communications

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The National Labor Relations Board has developed a webpage which specifically targets non union employees to educate them about their rights for protected concerted activity.  The webpage describes the rights of employees to act together for their mutual aid and protection, even if they are not in a union and tells the stories of more than a dozen recent cases involving protected concerted activity, which can be viewed by clicking points on a map.

Among the cases used as an example for employees to read:
  • A construction crew fired after refusing to work in the rain near exposed electrical wires;
  • a customer service representative who lost her job after discussing her wages with a coworker;
  • an engineer at a vegetable packing plant fired after reporting safety concerns affecting other employees;
  • a paramedic fired after posting work-related grievances on Facebook; and
  • poultry workers fired after discussing their grievances with a newspaper reporter.
Non-union concerted activity accounts for about 5% of the agency’s recent caseload.  However, the NLRB is clearly disappointed with these results is attempting to increase this activity.

To view the webpage go to: http://www.nlrb.gov/concerted-activity

19 Haziran 2012 Salı

Veterans are returning home and re-entering the workforce in growing numbers: are you prepared?

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LexologyLeClairRyanSarah E. Moffett USA May 3 2012 As the United States’ various engagements in the Middle East wind down, military service members are returning home in growing numbers. According to the Equal Employment Opportunity Commission (EEOC), three million veterans have returned from military service over the past ten years, and another million are expected to return to civilian life over the next five years. Many of these returning service members will be joining, or re-joining, the civilian workforce. An array of federal laws exist that protect veterans’ rights to employment and reemployment. Below is a brief summary of the key laws and regulations that employers should keep in mind.Full Story: http://www.lexology.com/library/detail.aspx?g=ad7e79ea-0d1f-4f32-80b8-21452926d0a0&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-05-22&utm_term=

Labor ruling adds to burden on federal contractors in audits

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LexologyBallard Spahr LLPAmy L. Bashore and Constantinos G. Panagopoulos USA May 15 2012 In a decision likely to add to the burden and length of audits for many federal contractors, the Administrative Review Board of the U.S. Department of Labor (ARB) has ordered Frito-Lay Inc. to produce an additional two years’ of data on its affirmative action plan (AAP) as part of an expanded investigation in an audit that began in 2007. The ARB’s Final Administrative Order, issued May 8, 2012, requires Frito-Lay to provide the Office of Federal Contract Compliance Programs with two years’ of AAP data post‑dating the Scheduling Letter in the Desk Audit.Full Story: http://www.lexology.com/library/detail.aspx?g=be89bf75-65f7-4a5a-9269-db02fa2cf5a3&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Other+top+stories&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-05-22&utm_term=

The Dream, the Reality: Civil Rights in the '60s and Today

To contact us Click HERE
Workforce ManagementBy Susan G. HauserMay 7, 2012Just before noon on Aug. 28, 1963, a quarter of a million people began slowly moving toward the Lincoln Memorial. Eventually, they would completely surround the Lincoln Memorial Reflecting Pool all the way to the shade trees that surround it. They were mostly African-American, but they represented all creeds and colors of U.S. citizens. The March on Washington for Jobs and Freedom was the largest demonstration ever staged in the nation's capital.The last speaker of the day was a preacher from Atlanta. His words soared out above the peaceful crowd. Standing below the statue of Abraham Lincoln, the Rev. Martin Luther King Jr. laid emphasis on freedom, the freedom he dreamed would someday "ring from every village and every hamlet, from every state and every city."Full Story: http://www.workforce.com/article/20120507/WORKFORCE90/120419999/1066/newsletter01#

House clears EEOC appropriations bill with several limiting amendments

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LexologyLittler MendelsonIlyse Schuman USA May 11 2012On Thursday, May 10, 2012, the House of Representatives approved 247-163 a fiscal year 2013 funding bill (H.R. 5326) for a variety of federal agencies, including the Equal Employment Opportunity Commission (EEOC), that includes a series of amendments that would curtail enforcement of certain labor- and employment-related regulations and programs. Generally, the bill would allocate nearly $367 million to the EEOC for FY 2013, but would prevent any of this funding from being used to implement and enforce the EEOC’s final rule that amends its Age Discrimination in Employment Act (ADEA) regulations to clarify the reasonable factors other than age (RFOA) defense in disparate impact cases.Full Story: http://www.lexology.com/library/detail.aspx?g=c7a93b4c-1f19-4284-b9c5-450818fb39f1&utm_source=Lexology+Daily+Newsfeed&utm_medium=HTML+email+-+Body+-+Federal+section&utm_campaign=Lexology+subscriber+daily+feed&utm_content=Lexology+Daily+Newsfeed+2012-05-18&utm_term=

Affirmative action backed in largely black Brazil

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Fox NewsPublished May 04, 2012Associated PressSAO PAULO – Brazil's top court has backed sweeping affirmative action programs used in more than 1,000 universities across this nation, which has more blacks than any country outside Africa yet where a severe gap in education equality between races persists. The Supreme Court voted 7-1 late Thursday to uphold a federal program that has provided scholarships to hundreds of thousands of black and mixed-race students for university studies since 2005. Its constitutionality was challenged by a right of center party, The Democrats. Three justices abstained from the vote.Read more: http://www.foxnews.com/world/2012/05/04/affirmative-action-backed-in-largely-black-brazil/#ixzz1vitnVZOL

18 Haziran 2012 Pazartesi

Jobless Rate Down? Good News for the Economy?

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Bloomberg News has reported that the unemployment rate decreased in 36 states in the month of November. The states with the biggest decline in unemployment were Kentucky (from 11.3% down to 10.6%) and Connecticut (from 8.8% to 8.2%).

However, some states have bucked the trend, such as Georgia, where the U.S. DOL reports the jobless rate increased in November to 10.2%,, up one-tenth of a percent.

The overall U.S. unemployment rate is close to a 26-year high, with economists forecasting that the rate will exceed 10% through June 2010 (in November it fell from 10.2% to 10% nationwide). Ten states currently have an unemployment rate of 10% or more, which experts say will continue to stagnate consumer spending.

With 7.2 million jobs lost during this current economic downturn, the market for labor should be strong for employers who take the time to carefully screen and scrutinize candidates for jobs. In addition, the vast labor pool might serve as an incentive for employees to perform their very best, knowing that many qualified individuals are available for work as replacements.

Small Business Tax Credits

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The Patient Protection and Affordable Care Act (PPACA) was signed into law on March 23rd. This law gave small businesses a special tax credit for offering health insurance coverage. A small employer is eligible for the credit if it:

  1. employs less than 25 full-time employees (FTEs);
  2. pays an average wage of $50,000 or less (for tax years 2010-2013); and
  3. provides health insurance under what's called a "qualifying arrangement".

A "qualifying arrangement" is where the eligible employer makes non-elective contributions for employees who enroll in the company-provided health plan for at least 50% of the premium (on a uniform basis).

Employers with 10 or fewer FTEs who pay an average wage of $25,000 or less will receive the maximum tax credit. Those employers with between 10-25 FTEs or who pay an average wage between $25,000 and $50,000 get a reduced credit.

The credit is applied on the employer's tax return against income taxes. But, if the employer has no income tax liability, there is no credit available. The credit can also be carried back (one year) or forward (20 years). However, the credit for 2010 can only be carried forward.

The credit can be up to 50% of the employer premiums paid.

Caregiver Issues in the Workplace

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Be careful in handling how you treat employees who are caregivers. If a worker must miss time from work as a result of family responsibilities, the employer may be liable for discrimination.

Increasingly, lawsuits have been filed by employees over caregiving responsibilities. Unlike other types of discrimination, which employers prevail in about 90 percent of the cases, plaintiffs have succeeded in about half of these cases. Claims of this sort arise over pregnancy and maternity leave, elder care, care for sick children, care for ill spouse, for newborn care by fathers or adoptive parents, and care for a disabled family member. Most of the cases have been brought by female workers.

In addition, even if an employer settles these type of cases, settlements can be $500,000 or more, making it very expense to be sued, let alone defend, such claims. Claims may arise out of the Family & Medical Leave Act, Title VII, or other state or federal discrimination laws.

It is very important to establish an effective supervisor training program to prevent supervisors from acting with bias when employees have family responsibilities that may conflict with workplace obligations.

Break Time for Nursing Mothers under the FLSA

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The US DOL has issued a fact sheet to address the break time requirement for nursing mothers in the Patient Protection and Affordable Care Act (PPACA) which took effect on March 23, 2010 as an amendment to Section 7 of the Fair Labor Standards Act (FLSA).

The amendment requires an employer to allow "reasonable break time for an employee to express breast milk for her nursing child for 1 year after the child's birth each time such employee has need to express the milk." The employer must provide "a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by an employee to express breast milk".

Only employees who are not exempt from the FLSA’s overtime pay requirements are entitled to breaks to express milk. While employers are not required under the FLSA to provide breaks to nursing mothers who are exempt from the overtime pay requirements of Section 7, they may be obligated to provide such breaks under State laws.

The law is vague as to how many and how long these breaks are permitted since the language of the statute is “reasonable break time” to express the breast milk “each time the employee has the need to do so.” These breaks are at the prerogative of the mother. The mother is not required to take these breaks.

These rest breaks need not be compensated, under the Act. However, other federal legislation requires employers to compensate employees for “rest periods of short duration running from 5 minutes to about 20 minutes…” Employers with fewer than 50 employees are not subject to the FLSA break time requirement if compliance with the provision would impose an undue hardship. Whether compliance would be an undue hardship is determined by looking at the difficulty or expense of compliance for a specific employer in comparison to the size, financial resources, nature, and structure of the employer’s business. All employees who work for the covered employer, regardless of work site, are counted when determining whether this exemption may apply.

Employers are not required under the FLSA to compensate nursing mothers for breaks taken for the purpose of expressing milk. However, where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. In addition, the FLSA’s general requirement that the employee must be completely relieved from duty or else the time must be compensated as work time applies.

In addition, the “lactation room” must be a place “other than the bathroom that is shielded from view and free from intrusion from coworkers and the public.” The Department of Health and Human services states this room may be as small as 4 feet by 5 feet to comfortably accommodate a chair and table or shelf.

The area need not be a room at all either, with several employers using privacy screens in less traveled areas of the office. While a possible solution, this is definitely not the best, as it does not allow for restricted access via lock and key to prevent accidental intrusion.

Employers should locate private areas other than the bathroom that could operate as a “mother’s room.” Having a lock or some other way to prevent accidental intrusion is recommended. An unused office is a good option.

If there are multiple mothers or the room serves as a multipurpose room, a “reservation” schedule should be organized to best make use of the space and prevent conflicts.

What's the Real Cost?

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With the increase in Federal agency initiatives targeting employers, such as I-9 audits or independent contractor classification audits, employers face increased scrutiny. In addition, disgruntled current or former employees are free to lodge complaints with State and Federal agencies that may spark an investigation. In either case, an employer faces potential liability, as very few employers are capable of keeping up with the myriad of employment laws. In reality, most employers try to remain compliant with employment laws, but if the government looks hard enough, it is likely to find a violation or two.
What’s the cost of a claim? It might be fines for incomplete I-9s, unpaid taxes for misclassification of workers, overtime for unpaid wages or a need to change employment practices. But, the biggest cost is usually legal fees. It is a best practice to hire counsel when an employer faces a government investigation, employee claim or audit. Contacting counsel before reacting/responding to a claim is prudent, but it does create an expense. Moreover, a disgruntled employee is likely to have an attorney herself. When an employee has an attorney, that attorney will likely make a demand for some kind of monetary compensation for whatever wrong the employee alleges. The demand ordinarily includes the payment of that employee’s attorney’s fees.
Most Federal discrimination laws allow for the recovery of attorney’s fees to the “prevailing party”. In a case that goes to litigation, this can mean that the employee’s attorney will ask the court to award “reasonable attorney’s fees”. Typically, the employee’s will ask that the court award attorney’s fees in excess of $100,000. Even in cases that settle, employees expect their attorney’s fees to be paid by the employer, which again can add up to significant amounts of money even in a case that is considered suspect.
In a recent Federal employment discrimination case, a jury awarded an employee $110,000 in damages for the employer’s retaliation for her protesting unlawful employment practices. The employee asked the court for an award of attorney’s fees. Although the employee also brought two other unsuccessful claims (one for gender discrimination and one under the FMLA) that the jury rejected, the judge in that case awarded the employee $250,000 in attorney’s fees and expenses. Think about it: her attorney’s fees award more than doubled the amount of actual damages that the jury awarded to her. The judge reasoned that the winning claim (retaliation) was “intertwined” with her other discrimination claims such that she was entitled to all of her attorney’s fees.
What is the lesson learned from this illustrative case? Be proactive as an employer. Conduct regular training for both employees and management, including on topics such as harassment. In addition, conduct a self-audit of internal recordkeeping, policies and procedures, etc. If you find violations on your own, it’s cheaper and easier to correct with the assistance of counsel than when your company is facing a claim or audit. Finally, while not all claims are avoidable despite best efforts, if the company has taken proactive steps such as those mentioned above, it can mitigate its exposure and can reduce the number of claims. After all, paying someone else’s attorney’s fees doesn’t exactly help the bottom line.

17 Haziran 2012 Pazar

Affirmative Action on the Docket

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From Inside Higher Ed February 21, 2012By Scott JaschikWASHINGTON – The U.S. Supreme Court today agreed to consider whether the University of Texas at Austin has the right to consider race and ethnicity in admissions decisions. Those bringing the case hope the Supreme Court will restrict or even eliminate the right of colleges to consider race in admissions – a prerogative last affirmed by the Supreme Court in 2003 in a case involving the University of Michigan’s law school.Read more: http://www.insidehighered.com/news/2012/02/21/supreme-court-takes-affirmative-action-case#ixzz1oNkHmGCG
Inside Higher Ed

HR Policy 313: Employment of Relatives (Nepotism)

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By Dan Harper, Associate Director, Labor & Employee Relations

In the September, 2010 issue of HR eNews, we reviewed the evolving standards of scrutiny which the Inspector General and the Ethics Office have applied to situations where relatives are employed at UIC.  In the January, 2011 issue, we clarified the support resources available to Campus units when questions arise.  This month, we’ll review why the Management Plans are required and share an analysis of why a Nepotism Management Plan is advisable for both the employees and the University when relatives are employed.

Why is a Management Plan required?Article IX, Section 2 of the Statutes directs each Chancellor to develop procedures to ensure that no conflicts of interest will exist due to the hiring of relatives.  UIC HR Policy #313, which implements that Statute, states: It is the responsibility of each unit/department/college to review all situations involving the employment of relatives, to assure compliance with this policy and to resolve any potential conflicts.  All cases involving members of the faculty will be reviewed and approved by Faculty Affairs; academic administrative and professional staff (including employees with hourly appointments), graduate students with hourly appointments or assistantships, and cases involving civil service staff or extra help must be reviewed and approved by UIC Human Resources; and, those cases involving UIC undergraduate students with appointments must be reviewed and approved by Student Employment. In cases involving an interaction between areas of responsibility, these offices will act jointly.It is the obligation of staff members to call to attention situations in which they could be in violation of this policy and to remove themselves from initiating or participating in any institutional decisions involving a direct benefit to a relative or domestic partner covered by this policy. In such cases, the department, unit and/or college must develop a decision-making procedure bypassing all the related parties. Such procedures must be agreed to and approved through all administrative levels. In all cases, approval must be obtained from the appropriate human resources office as defined above.For new hires, there must always be review and approval if two members of the same family are to be employed in the same unit. For changes in existing positions that might create a supervisory relationship in the same unit, review and approval are also required. In all cases, the fact that the unit has met the obligations of this policy should be reflected in unit personnel files available for audit.(Emphases added.)Based on the resolution of an investigation ordered by the Ethics Office following a complaint to the Inspector General, the Ethics Office recommended that UIC HR make document templates available to employees so that they could disclose existing familial relationships, even if they are employed by separate units. (The Ethics Office refers to these “decision-making procedures” as “Management Plans”.)  This recommendation was based on the high level of inter-departmental transfers which have been completed on the campus.  In the case of new hires with relatives already employed on Campus, the Ethics Office required that the Employment Office receive a Management Plan in all cases where the applicant for employment has acknowledged on their application that a relative is employed at UIC.  However, as the Policy states explicitly, it the responsibility of the Campus units to ensure compliance with the Policy.  UIC HR is available to provide document templates (which have been approved by Legal) and advice as requested.  How does a Management Plan benefit employees and the University?When two or more relatives sign a Nepotism Management Plan, they openly acknowledge the familial relationship, so there can be no basis to suggest that they have attempted to disguise or hide the relationship.  If (or more likely when, in this environment of heightened scrutiny by the media, particularly of ethical issues in the University setting) the University receives a FOIA request about a nepotism concern, the employees will be protected from challenges regarding the employment relationships as they have complied with the most recent advice from the Ethics Office. They have committed to not influencing a relative’s employment in any way and they’ve met the full requirements of the Policy (which, after all, recognizes that relatives may be employed).In the same way, the University and its officers have some assurance, as the employees have acknowledged that they are familiar with the University Statute and Policy which prohibits either or any of them to intervene, interfere, or influence in any way the terms and conditions of employment of the other(s).  Explicitly, they acknowledge that violation of the Policy may lead to termination of their employment.  If an employee does in fact violate the Policy after submitting a Nepotism Management Plan, the University will be able to investigate the specifics and take appropriate action.  That response will confirm that the Policy has been implemented effectively, and that it worked as it should. Full compliance with the Policy provides the best protection for the University and any involved administrative officers.Other ConsiderationsOur evolving experience with the implementation of the Policy and the Management Plans indicates that we need to be especially sensitive when one or more of the related employees are in supervisory roles or when they are in positions which by their nature tend to have influence or impact on others.  These may include human resources, business and grant management, or policy roles.  Our experience also indicates that hiring units may be well-advised to consider the long-term impacts of hiring relatives of current employees, as the related employees (and the unit itself) may find their flexibility and promotional opportunities limited - -  as none of the related employees, regardless of their skills or performance, may be promoted to a supervisory level where they might influence personnel decisions for their relative. Whether this and other factors induce a hiring unit to extend its search for the best candidate is, of course, a decision for the unit itself to make.  Specific question or concerns can be discussed with Dan Harper at X34788.  The templates for Nepotism Management Plans are currently being revised so that they can be completed online, but existing formats can be used to protect employees, candidates, and the University while the revisions are made.